Separating Fact from Fiction on Trump’s Health Care Proclamation for Immigrants

On Friday, President Trump issued a proclamation requiring certain immigrants entering the country either to purchase health insurance, or demonstrate they can pay their medical bills. The order prompted no small amount of hysteria from the left over the weekend.

If you’re puzzled by this development, you might not be the only one. After all, don’t liberals want everyone to have health insurance? They have spent significant time and effort attacking President Trump for a (slight) increase in the number of uninsured people while he’s been president.

What the Proclamation Says

The proclamation itself, which will take effect on November 3 (30 days from Friday), limits “the entry into the United States as immigrants of aliens who will financially burden” the American health care system. It requires aliens applying for immigrant visas to become “covered by approved health insurance…within 30 days” of entry, or “possess…the financial resources to pay for reasonably foreseeable medical costs.”

The proclamation includes numerous different acceptable forms of health insurance: employer plans (including association health plans and COBRA coverage), catastrophic plans, short-term limited duration insurance, coverage through Tricare or Medicare, or visitor health coverage lasting a minimum of 364 days. The list of acceptable forms of insurance does not, however, include subsidized Obamacare exchange plans, or Medicaid coverage for individuals over age 18—likely because these options involve federal taxpayer subsidies.

What the Proclamation Doesn’t Say

It shouldn’t need stating outright, but contrary to claims that the proclamation constitutes a “racist attack on a community who deserves health care,” the order says not a word about a specific race, or national or ethnic group. It also exempts “any alien holding a valid immigrant visa issued before the effective date of this proclamation,” meaning the requirement will apply prospectively and not retrospectively.

Liberal reporters claimed that “the move effectively creates a health insurance mandate for immigrants,” after Republicans eliminated Obamacare’s individual mandate penalty. But this charge too ignores the fact that the proclamation—unlike Obamacare—includes an exception for those who “possess…the financial resources to pay for reasonably foreseeable medical costs.” (The proclamation does not define this term, meaning that the administration will presumably go through a rulemaking process to do so.)

The Real Story

Liberals’ hysteria over the issue demonstrates a massive shift leftward in recent years. Consider that in 1993, Hillary Clinton testified before Congress that she opposed extending benefits to “illegal aliens,” because it would encourage additional migration to the United States:

We do not think the comprehensive health care benefits should be extended to those who are undocumented workers and illegal aliens. We do not want to do anything to encourage more illegal immigration into this country. We know now that too many people come in for medical care, as it is. We certainly don’t want them having the same benefits that American citizens are entitled to have.

Even in 2009, Barack Obama felt the need to claim that his health plan wouldn’t cover those in the country illegally (even if the claim didn’t stand up to scrutiny). The fact that Democrats have now gone far beyond Obama’s position, and have attacked President Trump for ensuring foreign citizens will not burden our health care system—a position liberals claim to support for Americans—speaks to the party’s full-on embrace of both socialism and open borders.

This post was originally published at The Federalist.

Skyrocketing Premiums Show Obamacare’s Failure to Deliver

According to a recently released report, extending employer-provided health coverage to the average American family equates to buying that family a moderately-priced car every single year. This provides further proof that Barack Obama “sold” a lemon to the American people in the form of Obamacare.

The inexorable rise in health care costs—a rise that candidate Obama pledged to reverse—shows how Obamacare has failed to deliver on its promise. Yet Democrats want to “solve” the problems Obamacare is making worse through even more government regulations, taxes, and spending. Struggling American families deserve relief from both the failed status quo, and Democrats’ desire to put that failed status quo on steroids.

Study of Employer Plans

Obamacare has failed to deliver on that pledge, as premiums continue to rise higher and higher:

Why has Obamacare failed to deliver? Several reasons stand out. First, its numerous regulatory requirements on insurance companies raised rates, in part by encouraging individuals to consume additional care.

The pre-existing condition provisions represent the prime driver of premium increases in the exchange market, according to a Heritage Foundation paper from last year. However, because employer-sponsored plans largely had to meet these requirements prior to Obamacare, they have less bearing on the increase in employer-sponsored premiums.

Second, Obamacare encouraged consolidation within the health care sector—hospitals buying hospitals, hospitals buying physician practices, physician practices merging, health insurers merging, and so on. While providers claim their mergers will provide better care to patients, they also represent a way for doctors and hospitals to demand higher payments from insurers. Reporting has shown how hospitals’ monopolistic practices drive up prices, raising rates for patients and employers alike.

Same Song, Different Verse

More Regulations: On issues like “surprise” billing or drug pricing, Democrats’ favored proposals would impose price controls on some or all segments of the health care industry. These price controls would likely limit the supply of care provided, while also reducing its quality.

More Spending: Most Democratic proposals, whether by presidential candidates, liberal think-tanks, or members of Congress, include major amounts of new spending to make health care “affordable” for the American people—an implicit omission that Obamacare (a.k.a. the “Affordable Care Act”) has not delivered for struggling families.

More Taxes: Even though some don’t wish to admit it, the Democratic candidates for president have all proposed plans that would necessitate major tax increases, from the hundreds of billions to the tens of trillions of dollars—even though at least two of those candidates have failed to pay new taxes imposed by Obamacare itself.

The latest increase in employer-sponsored health premiums demonstrates that hard-working families deserve better than Obamacare. It also illustrates why the American people deserve better than the new Democratic plans to impose more big government “solutions” in the wake of Obamacare’s failure.

This post was originally published at The Federalist.

Elizabeth Warren Has a Plan…For Avoiding Your Health Care Questions

She claims “I’ve got a plan for that” on just about every issue, but the proverbial cat got Sen. Elizabeth Warren’s tongue on health care. And you can bet that’s Warren’s plan.

Rather than answering tough questions about the single-payer health care scheme she now endorses, Warren wants to keep the focus on 1) bashing insurance companies and 2) telling people they will receive great health care under socialized medicine. Telling people they will lose their current coverage, and figuring out how to pay for this $30 trillion-plus system? Warren doesn’t want to bother answering questions about those minor details.

Subdued Launch for Elizabeth Warren’s ‘Plan’

First off, the health-care page of Warren’s website logs in at 1,115 words for a health care system on which our nation spends more than $3.5 trillion per year. By comparison, Joe Biden’s health care platform clocks in at nearly 3,302 words, or three times as long. Warren’s “plan” is 25 words longer than Donald Trump’s campaign health care platform, released in March 2016 and derided by some as having “the look and feel of something that a 22-year-old congressional staffer would write for a backbencher based on a cursory review of Wikipedia.” Yet, ironically enough, Trump’s campaign platform contained more concrete proposals than Warren’s does.

Warren’s “plan” does include specifics on prescription drug prices, mental health, the opioid epidemic, and access to care in rural communities. But on the biggest issue of the campaign—the millions of people who cannot afford health coverage because Obamacare priced them out of the marketplace, and the left’s big government “solutions” to a problem government created—Warren talks much, but says precious little.

The heart of Warren’s health care “plan” starts with two paragraphs about Warren’s life story. It continues by bashing Republicans’ attempts to “sabotage” Obamacare and insurance companies. It then states as fact that single payer “solves these problems. Everyone can see the doctor they need. Nobody goes broke.”

Apparently, the Warren campaign is looking to reduce its carbon footprint by converting to veganism. If you’re looking for any meat in this health care “plan,” good luck finding it.

Trying to Avoid History’s Mistakes

Why might Warren, who prides herself on her supposed love of wonkish details in every other issue area, suddenly become so taciturn on health care? Perhaps a video can illustrate:

Want to take a guess how many of those promises Obama’s health-care legislation actually kept? Here’s a hint: It’s a nice round number.

Therein lies the root cause of Warren’s strategy: Rather than making specific promises related to single-payer health care—which she knows she cannot possibly keep—she wants to conduct her campaign on the issue solely in platitudes. She will tell middle-class people they will pay less, but won’t say precisely how they will pay less, or who will pay more, or who qualifies as “middle class,” or how much doctors and hospitals would get hurt if (more like when) they have to take a massive pay cut under single payer.

Ironically, the lack of specifics has made some on the left leery that if and when Warren wins the Democratic nomination, she will make the proverbial “hard pivot” away from support for single payer, and water down the plan introduced by Sen. Bernie Sanders (I-VT). (Some think she hasn’t really endorsed Sanders’ plan as it is.) They do have cause for concern, given that until earlier this year, Warren had endorsed other “pathways” to get to universal coverage than a full socialized medicine scheme.

But viewed from another perspective, Warren’s silence on all the difficult (and unpopular) decisions needed to achieve a single-payer health-care system represents an implicit admission that the left cannot be upfront with the American people about all the consequences—both intended and unintended—of their agenda.

Just Tell People It’s Free

Last month, in an article about Sen. Kamala Harris’ repeated flip-flops on health care, a researcher at one liberal think-tank unironically articulated what’s going on here. Calling arguments in the Democratic debates counterproductive, the analyst said the American public “just want[s] to know the candidates’ big ideas and values. Can they shop? Is it free?”

Apart from the obvious fact that few things in life, let alone our massive health care system, come free—someone pays, in some way, shape, or form—that comment lies at the heart of Warren’s strategy: “We’re going to give you all the free stuff you want. Don’t you worry your pretty little head about the details.”

Having not been born yesterday, I will care about the details, thank you. I—and the American people—have far too much to lose.

This post was originally published at The Federalist.

How Joe Biden Deliberately Avoided Paying Obamacare Taxes

In the campaign for the 2020 Democratic presidential nomination, Joe Biden has portrayed himself as Obamacare’s biggest defender. His health care plan, released this month, pledges to “protect the Affordable Care Act” and states that he “opposes every effort to get rid of this historic law.”

However, his campaign rhetoric in support of Obamacare overlooks one key fact: For the past two years, Joe Biden structured his financial dealings specifically to avoid paying a tax that funds “this historic law,” along with the Medicare program.

While the Bidens paid federal income taxes on all their income, they did not have to pay self-employment taxes on these millions of dollars in profits. The Bidens saved as much as $500,000 in self-employment taxes by taking most of their compensation as profits from the corporation, as opposed to salary.

The Journal cited multiple tax experts who called the Bidens’ move “pretty aggressive,” and a “pretty cut and dried” abuse of the system. Given that most of their income came from writing and speaking engagements, one expert called that income “all attributable to [their] efforts” as individuals and thus wage income, rather than a broader effort by any corporation resulting in profits.

Most important to Biden’s political future is what that foregone self-employment tax revenue would have funded. Section 9015 of Obamacare increased the tax’s rate from 2.9 percent to 3.8 percent for all income above $200,000 for an individual, and $250,000 for a family. By taking comparatively small salaries from their S corporations and receiving most of their income as profits from those corporations, the Bidens avoided paying a tax that funds an Obamacare law Joe Biden claims he wants to defend.

Moreover, the other 2.9 percent in self-employment tax helps finance the Medicare program, which faces its own bleak fiscal future. According to the program trustees, the program will become insolvent by 2026, just seven years from now. If people like Joe Biden use tax strategies to avoid paying self-employment taxes, Medicare’s date of insolvency will only accelerate.

During the last presidential election cycle, Sen. Bernie Sanders repeatedly returned to Hillary Clinton’s paid speeches before companies like Goldman Sachs. Both the more than $100 million in income Bill and Hillary Clinton generated from their speeches, and Hillary Clinton’s insouciance at the vast sums she received—“That’s what they offered,” she said of the $675,000 sum Goldman Sachs paid her to give three speeches—made her look out-of-touch with the concerns of families struggling to make ends meet.

Likewise, Biden’s 2020 competitors almost certainly will use the questions about his taxes to undermine his image as “Middle Class Joe.” Few middle-class families will make in a lifetime the $15.6 million in income that the Bidens received in but two years. Moreover, how can Joe Biden claim to defend Obamacare—let alone Medicare—when he created a tax strategy specifically to avoid paying taxes that fund those two programs?

In 2014, Barack Obama, whose administration proposed ending the loophole the Bidens used to avoid self-employment taxes, attacked corporations for seeking to migrate to lower-tax jurisdictions overseas: “It is true that there are a lot of things that are legal that probably aren’t the right thing to do by the country.” In Joe Biden’s case, his tax behavior probably wasn’t the right thing to help his political future either.

This post was originally published at The Federalist.

How Democratic Health Proposals Will Take Your Coverage Away

Following her performance in last week’s Democratic presidential debates, California Senator Kamala Harris once again tripped up over the issue of health care. For a second time, Harris attempted to claim that she would not eliminate private health coverage. In reality, however, virtually all Democrats running for president would enact policies jeopardizing Americans’ health insurance. The candidates differ largely in their level of honesty about their proposals’ effects.

During the debates on Wednesday and Thursday, only Harris, New York Mayor Bill DeBlasio, Massachusetts Sen. Elizabeth Warren, and Vermont Sen. Bernie Sanders said they supported eliminating private insurance. But in an interview Friday morning, Harris claimed she heard the question as asking whether she would give up her insurance, not whether she would take others’ coverage away.

The facts defy Harris’ lawyerly parsing. Section 107(a) of the bill that Sanders introduced, and which Harris, Warren, and New Jersey’s Cory Booker have co-sponsored, would make it “unlawful for a private health insurer to sell health insurance coverage that duplicates the benefits provided” under the legislation.

In May, Harris claimed that Sanders’ legislation would permit private health insurance to supplement the government-run program. But as CNN’s Jake Tapper pointed out at the time, Sanders’ bill would provide such comprehensive benefits that supplemental coverage could only cover treatments like cosmetic surgery. It raises an obvious question: Who would want to buy “insurance” covering breast implants and Botox injections? Harris’ Hollywood constituents, perhaps, but few middle-class Americans.

Other candidates have similarly tried to disguise their intentions when it comes to taking away Americans’ health coverage. During last week’s debates, New York Senator Kirsten Gillibrand—another co-sponsor of Sanders’ legislation to make private coverage “unlawful”—did not raise her hand when asked about eliminating health insurance. She said she supported a government-run “public option” instead: “I believe we need to get to…single payer. The quickest way you get there is you create competition with the insurers.”

But individuals with private coverage cannot, and should not, rest easy. The fact that Gillibrand says she supports a government-run health system as an eventual outcome means that she would work to sabotage the private health insurance system, to drive all Americans into a government-run program.

Even Democratic candidates who claim they oppose Sanders’ single-payer legislation have proposed policies that would eventually lead to such a government-run health system. In Thursday’s debate, Sen. Michael Bennet claimed that his proposal for a “public option” “could easily” see 35 million people enroll. Bennet proved off in his estimate by only about 100 million individuals. In 2009, the Lewin Group estimated that a plan similar to Bennet’s could enroll as many as 131.2 million Americans.

A review of Bennet’s legislation demonstrates how it would sabotage private coverage, by giving the government plan major structural advantages. Bennett’s bill grants the government plan $1 billion in start-up funding from taxpayers—with additional bailout funds likely should the plan ever run into financial distress. It would require all doctors participating in Medicare to join the government plan. And it would pay doctors and hospitals the much lower rates that Medicare pays, even though nearly three-quarters of hospitals lost money on their Medicare patients in 2017.

Among the Democrats running for president, Sanders has remained outspoken in his desire to take away Americans’ health coverage, and ban private insurance. While most of the other candidates say that they want to preserve private coverage, their policies would do the exact opposite. Just as Barack Obama eventually had to apologize for his infamous “If you like your plan, you can keep it” broken promise, so too will most of this year’s candidates have to explain why American families couldn’t keep their insurance if and when their policy plans go into effect.

In accepting his party’s nomination for president at the 1984 Democratic National Convention, Minnesota Senator Walter Mondale infamously claimed that “[Ronald] Reagan will raise taxes, and so will I. He won’t tell you; I just did.” Thirty-five years later, virtually all Democrats have embraced a position almost as unpopular as raising taxes: Taking away Americans’ health insurance. Unlike Mondale, most of this year’s candidates won’t tell you the full truth about their policies. I just did.

This post was originally published at Fox News.

Democrats Agree: Free Health Coverage for Undocumented Immigrants

If a picture is worth a thousand words, then three series of pictures, featuring Democrats discussing health benefits for those in this country illegally, speak volumes. First, Hillary Clinton in September 1993:

Finally, Democratic candidates for president last night:

Whereas Indiana Mayor Pete Buttigieg called coverage for illegal immigrants an “insurance program” and “not a hand out,” Clinton said in 1993—well before the most recent waves of migration—that “we do not want to do anything to encourage more illegal immigration into this country. We know now that too many people come in for medical care, as it is. We certainly don’t want them having the same benefits that American citizens are entitled to have.”

Likewise, whereas Joe Biden said “you cannot let people who are sick, no matter where they come from, no matter what their status, go uncovered,” the president whom he worked for promised the American people that “the reforms I’m proposing would not apply to those who are here illegally.” Granted, the promise had a major catch to it—Obamacare verifies citizenship but not identity, allowing people here illegally to obtain benefits using fraudulent documents—but at least he felt the need to make the pledge in the first place. No longer.

Ironically enough, even as all Democrats supported giving coverage to illegally present foreigners, the candidates seemed less united on whether, how, and from whom to take health insurance away from U.S. citizens. Only Sens. Kamala Harris and Bernie Sanders said they supported abolishing private health insurance, as Sanders’ single-payer bill would do (and as Sen. Elizabeth Warren and New York Mayor Bill de Blasio pledged on Wednesday evening). For Harris, it represents a return to her position of January, after fudging the issue in a follow-up interview with CNN last month.

As usual, Sanders made typically hyperbolic—and false—claims about his plan. He said that his bill would make health care a human right, even though it does no such thing. In truth, the legislation guarantees that individuals would have their bills paid for—but only if they can find a doctor or hospital willing to treat them.

While Sanders pledged that under his bill, individuals could go to whatever doctor or hospital they wished, such a promise has two main flaws. First, his bill does not—and arguably, the federal government cannot—force a given doctor to treat a given patient. Second, given the reimbursement reductions likely under single payer, many doctors could decide to leave the profession altogether.

Sanders’ home state provided a reality check during the debate. Candidates critical of single payer noted that Vermont had to abandon its dream of socialized medicine in 2014, when the tax increases needed to fund such a program proved too overwhelming.

Shumlin gave his fellow Democrats a valuable lesson. Based on the radical, and radically unaffordable, proposals discussed in this week’s debates—from single-payer health care, to coverage for undocumented immigrants, to “free” college and student loan forgiveness, and on and on—they seem hellbent on ignoring it.

This post was originally published at The Federalist.

Meet the Radical Technocrat Helping Democrats Sell Single-Payer

If anyone had doubts about the radical nature of Democrats’ health care agenda, they needn’t look further than the second name on the witness list for this Wednesday’s House Ways and Means Committee hearing on single-payer health care: Donald Berwick of the Institute for Healthcare Improvement.

If that name sounds familiar, it should. In summer 2010, right after Obamacare’s passage, President Obama gave Berwick a controversial recess appointment to head the Centers for Medicare and Medicaid Services (CMS). Democrats refused to consider Berwick’s nomination despite controlling 59 votes in the Senate at the time, and he had to resign as CMS administrator at the end of his recess appointment in late 2011.

Berwick’s History of Radical Writings

Even a cursory review of Berwick’s writings explains why Obama’s only option was to push him through with a recess appointment, and why Democrats refused to give Berwick so much as a nomination hearing. As someone who read just about everything he wrote until his nomination—thousands of pages of journal articles, books, and speeches—I know the radical nature of Berwick’s thinking all too well. He believes passionately in a society ruled by a technocratic elite, thinking that a core group of government planners can run the country’s health care system better than individual doctors and patients.

Here is what this doctor believes in, in his own words:

  • Socialized Medicine: “Cynics beware: I am romantic about the National Health Service; I love it. All I need to do to rediscover the romance is to look at health care in my own country.”
  • Control by Elites: “I cannot believe that the individual health care consumer can enforce through choice the proper configurations of a system as massive and complex as health care. That is for leaders to do.”
  • Wealth Redistribution: “Any health care funding plan that is just, equitable, civilized, and humane must—must—redistribute wealth from the richer among us to the poorer and less fortunate.”
  • Shutting Medical Facilities: “Reduce the total supply of high-technology medical and surgical care and consolidate high-technology services into regional and community-wide centers … Most metropolitan areas in the United States should reduce the number of centers engaging in cardiac surgery, high-risk obstetrics, neonatal intensive care, organ transplantation, tertiary cancer care, high-level trauma care, and high-technology imaging.”
  • End of Life Care: “Most people who have serious pain do not need advanced methods; they just need the morphine and counseling that have been available for centuries.”
  • Cost-Effectiveness Rationing of Care: “The decision is not whether or not we will ration care—the decision is whether we will ration with our eyes open.”
  • Doctors Putting “The System” over their Patients: “Doctors and other clinicians should be advocates for patients or the populations they service but should refrain from manipulating the system to obtain benefits for them to the substantial disadvantage of others.”
  • Standardized “Cookbook Medicine”: “I would place a commitment to excellence—standardization to the best-known method—above clinician autonomy as a rule for care.”

For those who want a fuller picture of Berwick’s views, in 2010-11 I compiled a nearly 30-page dossier featuring excerpts of his beliefs, based on my comprehensive review of his prior writings and speeches. That document is now available online here, and below.

Where’s the Political Accountability?

Some of Berwick’s greatest admiration is saved for Britain’s National Health Service on the grounds that it was ultimately politically accountable to patients. For instance, Berwick said his “rationing with our eyes open” quote was “distorted,” claiming that

Someone, like your health insurance company, is going to limit what you can get. That’s the way it’s set up. The government, unlike many private health insurance plans, is working in the daylight. That’s a strength.

When running for governor of Massachusetts in 2013, Berwick claimed he “regrets listening to White House orders to avoid reaching out to congressional Republicans.” But that doesn’t absolve the fact that Berwick went to great lengths to avoid the political accountability he previously claimed to embrace.

It also doesn’t answer the significant questions about why Obama waited until after Obamacare’s enactment to nominate Berwick—deliberately keeping the public in the dark about the radical nature of the person he wanted to administer vast swathes of the law.

Thankfully, however, Wednesday’s hearing provides a case of “better late than never.” Republicans will finally get a chance to ask Berwick about the extreme views expressed in his writings. They will also be able to raise questions about why Democrats decided to give him an official platform to talk about single payer (and who knows what else).

This post was originally published at The Federalist.

Note to Britain: You Can Have Your NHS

As expected, the American press has heavily covered President Trump’s visit to Europe, including his time spent in Great Britain. But a row (that’s British for “argument”) that has gone under-reported on this side of the Atlantic also holds major implications for American patients.

Based on comments the President made earlier in the week, British politicians now believe they need to protect the country’s National Health Service (NHS) from “privatization” at the hands of American corporations. But even as they do so, another controversy—about the ways in which Britain denies life-saving treatments to patients, solely on cost grounds—illustrates the problems with socialized medicine, which the left wants to export to the United States.

Concern about Trade Agreements

During a press conference in London Tuesday, a British reporter questioned Trump about a post-Brexit trade deal between the U.S. and Britain. The reporter specifically asked whether “the entire economy needs to be on the table” in those discussions, “including the NHS.” Trump responded that “everything with a trade deal is on the table.”

Those comments—which Trump later attempted to walk back—prompted outrage that Britain’s “beloved” NHS was at risk. British politicians across parties raised concern that American companies could receive NHS contracts (even though subsidiaries of U.S. corporations have already done so), or that a free trade agreement could supersede legislative efforts by Parliament to prohibit additional private contracting within the health service.

The Health Secretary, Matt Hancock—an announced candidate in the race to succeed Theresa May as Conservative Party leader and Prime Minister—epitomized the sentiments, claiming that “the NHS

NHS Denying Patients Care

The controversy continued at Prime Minister’s Questions in the House of Commons Wednesday. In that hourlong session, no fewer than five questions asked whether the NHS was “for sale,” or some variation thereof. But the sixth NHS-related question, by Labour MP Karl Turner, proved the most revealing:

Twelve months ago, the Prime Minister told this House that she wanted a speedy resolution to the funding row between NHS England and Vertex regarding the drug Orkambi to treat cystic fibrosis. My seven-year-old constituent Oliver Ward wrote to the Prime Minister recently asking what progress she has made. Could the Minister please give Oliver some good news and tell him that he need not get up every day worrying about this terrible injustice?

Turner’s question referred to Orkambi, a drug that could help thousands of British patients currently suffering from cystic fibrosis. But the NHS refuses to pay for the drug—not because it does not work, but because it does not meet cost thresholds that government bureaucrats have set.

Britain’s National Institute for Health and Clinical Excellence decided in 2016 that the NHS would not pay for Orkambi at the price set by its manufacturer. For the three years since, British patients have not found that decision very NICE at all.

A Precursor of an American Single-Payer System?

Unfortunately, however, liberals want to export the British model of rationing health care on cost grounds to the United States. Recall President Obama’s comments about the issue a decade ago:

The chronically ill and those toward the end of their lives are accounting for potentially 80 percent of the total health care bill out here….There is going to have to be a conversation that is guided by doctors, scientists, ethicists. And then there is going to have to be a very difficult democratic conversation that takes place.

Months after those comments, the New York Times ran an article, entitled “Why We Must Ration Health Care,” that argued for bringing a British-style rationing model to our shores.

This prevailing mentality among intellectual elites explains why neither the House nor Senate single-payer bills prohibit a government-run health plan from implementing cost-effectiveness research. In fact, the House bill explicitly provides for cost-effectiveness research as a method of determining drug prices, because most liberals believe that bureaucrats can and should have the power to restrict access to care on cost grounds. Most Americans, on the other hand, would strongly object to this rationing of care.

As for British politicians saying the NHS “isn’t for sale,” I could not care less—I wouldn’t want to buy it even if it were. The American health care system has its flaws, to be sure, but I have little interest in creating a system where government bureaucrats have near-total control over patients’ medical decisions, and use that power to deny access to life-saving care. I think most Americans would agree.

This post was originally published at The Federalist.

This Presidential Candidate Loves Obamacare–But Won’t Sign Up for It

If the 2020 presidential campaign illustrates anything so far, it’s the yawning chasm between Democrats’ rhetoric and their reality. Not only do the party’s presidential candidates not practice what they preach, they seemingly have little shame in failing to do so.

Last Thursday evening, one of the candidates running for the Democratic nomination, Sen. Michael Bennet (D-CO), appeared on CNN for a town hall discussion. During the discussion, Bennet criticized his fellow senator and presidential candidate, Bernie Sanders (I-VT), for his single-payer health-care plan.

Qualifies for Obamacare Subsidy, Yet Won’t Buy a Plan

In his town hall comments, Bennet claimed that “what we would be better off doing in order to get to universal health care quickly is to finish the job we started with” Obamacare. Yet consider this paragraph from Bennet’s op-ed the week previously, in which he outlined health care, and his recent prostate cancer diagnosis, as the reason for announcing his candidacy: “My cancer was treatable because it was detected through preventive care. The $94,000 bill didn’t bankrupt my family because I had insurance through my wife’s employer” (emphasis mine).

Remember: The federal Office of Personnel Management promulgated an arguably illegal rule in October 2013 that makes members of Congress eligible for subsidies for Obamacare coverage. Yet even with access to these illegal subsidies, Bennet has no interest in buying an Obamacare plan. That might be because he knows—as I do by being forced onto an exchange plan—that these Obamacare plans are junk insurance, with high premiums, high deductibles, and in many cases poor access to physician networks.

Do As I Say, Not As I Do

Some may argue that because Bennet does not support Sanders’s single-payer proposal, at least he will not force others to give up their health coverage (even as he refuses to go on to Obamacare). But in 2009, one analysis of a government-run “public option,” which Bennet supports as an alternative to single-payer, concluded that it would lead to a reduction in private insurance coverage of 119.1 million people. This would shrink the employer-provided insurance market by more than half.

Even Bennet’s “moderate” proposal could lead to many millions of Americans immediately losing the coverage they have if employers drop coverage en masse. Yet will Bennet give up his employer coverage and go on to Obamacare? Not a chance.

Some may question why I write about this topic so often. After all, if every member of Congress, or every Democratic presidential candidate, suddenly decided to sign up for Obamacare, it wouldn’t significantly affect the exchange’s overall premiums and coverage numbers. But lawmakers’ coverage decisions have outsized importance because they reveal their true motivations.

Obama’s action, however, represents the exception that proves the rule. Instead, liberals want to order other people to buy Obamacare health insurance while not doing so themselves. They epitomize Ronald Reagan’s 1964 speech “A Time for Choosing,” in which he referred to a “little intellectual elite in a far-distant capital,” who believe they “can plan our lives for us better than we can plan them ourselves.”

By promising to expand Obamacare even as he fails to enroll in it himself, Bennet demonstrated himself part and parcel of that “little intellectual elite.” So have his fellow Democratic presidential candidates. Americans should take note—and vote accordingly next November.

This post was originally published at The Federalist.

Nancy Pelosi Violated Her Oath of Office

At their swearing in, members of Congress take an oath to “support and defend the Constitution of the United States.” Few members would openly admit to violating that oath. Nancy Pelosi just did.

In filing a lawsuit against Donald Trump’s border emergency late last week, the House speaker claimed that “the House will once again defend our democracy and our Constitution, this time in the courts.” But the facts demonstrate that the last time the House defended the Constitution in the courts, Pelosi actively worked to undermine that defense of constitutional principles.

Lawsuits, Then and Now

The complaint Pelosi filed last week claims that, in using the National Emergencies Act to redirect funds towards border security, President Trump violated both underlying statutes and Congress’ constitutional duty to appropriate funds. Unfortunately, however, as I pointed out at the time of the border declaration, it did not represent the first time the executive has violated both statutes and Congress’ appropriations power.

The text of Obamacare did not contain an appropriation for cost-sharing subsidies, which offset discounts on co-pays and deductibles provided to low-income individuals. The Obama administration requested funds for those subsidies, just as Trump requested funds for border security. In both cases, Congress turned down those requests—and in both cases, the executive concocted legal arguments to spend the funds anyway.

But when the House of Representatives sued in 2014 seeking to block President Obama’s unconstitutional appropriation of funds, did Pelosi—who claimed last week to “defend our democracy and our Constitution”—support the complaint? Quite the contrary. In fact, she filed two legal briefs in court objecting to the House’s suit, and claiming that Obamacare implied an appropriation for the cost-sharing subsidies.

Abrogating Congress’ Institutional Prerogatives

In a word, no. In the Obamacare lawsuit, she not only attacked House Republicans’ claims regarding the merits of their case, she attacked the House’s right to bring the claim against the executive in court.

When it comes to whether the House has suffered an injury allowing it to file suit, compare this language in the House’s lawsuit against Trump: “The House has been injured, and will continue to be injured, by defendants’ unlawful actions, which, among other things, usurp the House’s legislative authority,” with Pelosi’s claims in her brief regarding the Obamacare lawsuit:

Legislators’ allegations that a member of the executive branch has not complied with a statutory requirement do not establish the sort of “concrete and particularized” injury sufficient to satisfy Article III’s standing requirements….

[Permitting the House’s suit] would disturb long-settled and well-established practices by which the political branches mediate interpretive disputes about the meaning of federal law, and it would encourage political factions within Congress to advance political agendas by embroiling the courts in innumerable political disputes that are appropriately resolved using those long-established practices….Allowing suit in this case undermines, rather than advances, [Members’ institutional] interests—inevitably subjecting Congress to judicial second-guessing never contemplated by the Framers of the Constitution and compounding opportunities for legislative obstruction in ways that could greatly increase congressional dysfunction.

Also compare Pelosi’s language when talking about remedies available to the House with regards to Trump: “The House has no adequate or available administrative remedy, and/or any effort to obtain an administrative remedy would be futile,” with her claims that House Republicans had all sorts of options available to them to stop President Obama’s unconstitutional payments, short of going to court:

Concluding that there is standing in this case is…completely unnecessary given alternative and more appropriate tools available to legislators to object to executive branch actions that they view as inconsistent with governing law….

To start, legislators may always challenge executive action by enacting corrective legislation that either prohibits the disputed executive action or clarifies the limits or conditions on such action….Further, Congress has other means to challenge disputed interpretive policies, including many that do not require the concurrence of both houses. For example, Congress can hold oversight hearings, initiate legislative proceedings, engage in investigations, and, of course, appeal to the public.

Put Principle over Politics

I find Trump’s border security declaration troubling for the same reason I found the Obamacare payments troubling: they usurp Congress’ rightful constitutional authority. I took some solace in knowing that several congressional Republicans—not enough, but several—voted against the emergency declaration, while many others who voted with the president nevertheless expressed strong misgivings about the move, as well they should.

Compare that to congressional Democrats, not a single one of whom aired so much as a peep about Barack Obama “stealing from appropriated funds,” to use Pelosi’s own words regarding the Obamacare lawsuit. Would that more elected officials—both Republicans and Democrats—put constitutional first principles above partisan affiliations and political gain.

This post was originally published at The Federalist.